T.C. Memo. 2001-210
UNITED STATES TAX COURT
ESTATE OF WILLIAM BLAKE BURRIS, DECEASED,
WILLIAM B. BURRIS III, EXECUTOR, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 12899-99. Filed August 8, 2001.
H and W resided in Louisiana, a community property
State, throughout their marriage. During their
marriage, H purchased three policies of insurance on
his life using community funds. H was named as owner
of the policies, and W was initially designated as the
beneficiary. W predeceased H, and at H’s death the
life insurance proceeds were remitted to his children.
Held: The policies of life insurance constitute
community property under Louisiana law such that only
one-half of the proceeds therefrom is includable in H’s
gross estate. Sec. 2042(2), I.R.C.; sec. 20.2042-
1(c)(1), (5), Estate Tax Regs.
Raymond P. Ladouceur, for petitioner.
Susan Smith Canavello, for respondent.
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